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Refacture Ban Appeal

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Link to the source of punishment (report/post): 

Why the verdict is not fair: I do not believe the verdict is fair because there was prior leadup towards the initiation. Truth be told I am not perfect and forgot to mention more about what led to the initiation. About 40 minutes before this all happened @Wolfstorm was in Severograd acting under a fake persona and scouting the town for us. Me, N-tox, and Julia were all at a player camp we had found out in the woods NE of Severograd. When suddenly Wolfstorm contacted me over the radio under his fake alias and asked if someone who's name we never heard was there (for example, "Hey David are you there? I got a guy who needs his gun fixed"). I didn't understand at first but then I realized he was probably next to someone and said yes I am here. I don't remember what the fake name he used to call me was but he asked if I was nearby and could help his new friend by fixing his gun up. I said sure and told him over IC to meet us at the summer camp just North of Severograd. As soon as our little conversation ended I told Julia and N-tox's characters that we had snagged a rabbit and we were to meet Wolf with our prey at the Summer camp. Julia went her own seperate way afterwards whilst me and N-tox ran to the summer camp. We ran about 5 minutes to get there and before entering I stopped outside the cement walls bordering the outside perimeter of the camp with N-tox's character and told him everything. I told him to act as if he were the weapon repair guy that Wolf claimed to know and I gave him the name that Wolfstorm was using for this fake person. N-tox's character said he didn't know how to fix guns so I told him as Jupiter to just bullshit it and act like your doing something. Afterwards I ran up to a mountain a bit away and waited patiently with a radio in my hand. After a while I told N-tox to communicate a message IC through his radio which was how we initiated. I also let N-tox's character know before letting him enter the summer camp that I wanted him to leave his radio on so that I could communicate with him if I wanted to.

Before all this our victim was lied to by Wolfstorm who led him to the summer camp where they met N-tox's character who acted as if he were the friend Wolfstorm supposedly knew and told our victim about. When he attempted to fix this person's gun he hinted through text rp that his character had no idea what he was doing when "fixing" it. After about 5-8 minutes of N-tox and Wolfstorm RP'ing with our victim under fake personas I communicate though N-tox's radio and tell our soon to be victim to be a good little rabbit and put their hands up.  Again this was done through N-tox's physical radio which he held up to the guy's face in-game. I'm sure that at this point both Wolfstorm and N-tox's character dropped their act. Finally I came down to greet them as Jupiter and acted all crazy and cackling and laughing at her character for falling into our trap.

Additional statements/comments explaining your point of view: Essentially I failed to bring up some of the other stuff that happened before the video begins in the report and I believe that this new evidence may shine light on the initiation and prove that we potentially did have proper reasoning and lead up to initiate on the victim. Also, after talking with both Hebi Kotei and Staggs they both said that I should create a ban appeal for this.

What would you like to achieve with this appeal: Removal of warning points as well as removing my temp-ban.

What could you have done better?: Mentioned everything that led to this initiation from the Very Very beginning of when our group met our victims character to when our RP with her character ended.

Edited by Refacture

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Being as it was missed in the original report,

Calling in @NebulousCass to post their full and detailed PoV on the situation. Please outline the events that unfolded from your perspective, giving us a full description of everything that happened through your eyes.

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@Para I will post a full detailed POV in the AM. I am currently getting ready for bed but wanted to let you know I saw the mention and intend to get to it ASAP.

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POV From Cassie's Eyes (Character):
It all started with my character (Cassie), shooting at Zeds from the rooftop of the hospital in Sverograd with her Sporter 22. She was doing this to get more familiar with firearms in general and to clear out the area surrounding the hospital of Zeds so that it would be safer to approach the hospital for anyone that might not be armed but in need of medical attention. After a while, and when there were plenty of Zeds lying dispatched all around the hospital, she hears a couple of suppressed gun shots coming from the distance. Thinking that maybe someone might be on their way and possibly be injured, Cassie walked down from the rooftop to the ground floor. Having just been dealing with dispatching Zeds she caught a glimpse of some movement out of the corner of her eye and turned more fully to see what it was and if she needed to shoot, or if it was a living person. Upon seeing that it was in fact not a Zed approaching but a living person she was a little relieved. This is where she meets the character played by @Wolfstorm
Cassie starts out by calling out, asking if the person was alive and in good health. If they were infected she would have to quarantine them until they turned, and then dispatch them. The person responded satisfactorily, alleviating Cassie's concerns. Pleasantries were exchanged, Cassie told the man what she was doing at the hospital, which was providing aid to anyone whom would ask for it. (I do not remember exactly what the character controlled by @Wolfstorm said back to her in this conversation, but it was cordial and pleasant conversation.) Her Sporter 22 was at this point in some pretty rough shape, and she didn't know how to clean it without the proper equipment (Weapon Cleaning Kit) and mentioned this to her new contact. This is when the character controlled by @Wolfstorm made mention of someone that he knew that could possibly help fix the rifle, which Cassie eagerly accepted the help. Being somewhat naïve, and generally trusting of most people that she met up until that point (With only one exception from her backstory) she had no misgivings about this man based on his demeanor or what he had shared with her in conversation.
The character controlled by @Wolfstorm said that he had a friend that was pretty good at fixing guns and the like, so if she didn't mind following him his friend could go ahead and fix the rifle, give it a good cleaning. She thought that this was a kind and generous offer, and based on the equipment that she could see him wearing, figured that he had better things to do than lure someone away from town to rob them, it looked like he kept himself well supplied, but it never occurred to her in the moment that it might be because he got all of his equipment and weapons from robbing people. She agrees to follow him up to the summer camp where his friend liked to set up camp. The tone of the conversation was pleasant going up to the summer camp location. Cassie talked about having been brought to the country by the UN on the Doctor's without borders program, and how she was trying to do her best to help as many people as she could with what supplies that she could scavenge. Her travelling companion talked about himself and that he and his friend had a kind of quid pro quo type of relationship, which Cassie thought was pretty normal in this day and age. While they travelled, Cassie was holding her Scorpion SMG in case they were attacked by Zeds along the way she would be ready to defend against them.
Once they arrive, her travelling companion makes mention of being hungry/thirsty. Having collected plenty of food in town, she pulls out a can of spaghetti and opens it before offering it to him. He thankfully takes the food and begins to eat it, which gave Cassie a warm feeling that you can only get from doing something good for someone. This is where the friend of her travelling companion makes his appearance, Character controlled by @N-Tox enters the scene. Pleasantries are exchanged and she hands over her Sporter 22 for the new contact to examine and fix. There was a mention of the character controlled by @Refacture (I think? I don't remember exactly but I think there was mention of a third party not present around this time.) He takes the rifle and heads into the cabin with it and makes mention it might be a while to fix it. Cassie thanked him for taking the time to fix it and went back to talk to the character controlled by @Wolfstorm some more.
They had some idle conversation for a while (about 5-10 minutes if I recall correctly) and then the character controlled by @N-Tox comes back out.
This is where things took a turn (And coincidently, my recollection of who did what and exactly what they said kind of gets a little hazy). There was some radio chatter and the character controlled by @N-Tox was responding back. Someone, I think the character controlled by @N-Tox told Cassie something to the effect of "Ok well, I'm going to have to ask you to go ahead and put your hands up for me now." (OOCly, no idea how to do this off the top of my head so the "//how do I do that?" is asked. Both replied with "//f2".) I can not remember if any guns were raised and pointed, but they were at least readied. At that point someone comes up and starts to pat Cassie down, looking for a radio possibly in which they do not find. Thinking that this was probably either a misunderstanding or they were just cautious about new people she didn't really think too much of this whole thing, it wasn't until a few moments later she realized things were not exactly going to be ok. It was at this point that the character controlled by @Refacture could be heard approaching, at first she couldn't understand what he was saying because of all the cackling and laughing he was doing while he was speaking but eventually she got the idea that he was in some way the leader, which baffled and confused her as to why these two seemingly normal people would be taking the lead from someone so obviously mentally ill.
Commands were given by one of the three (which one I'm not sure, don't know whos voice belongs to who), to turn around. Someone (again not sure who) said something about following the character of @Refacture, and to not stray too far away from him or they would shoot her. That is when I think the character of  @Wolfstorm made mention of something to the effect, "We should get her to leave the scorpion here, so she doesn't get any funny ideas." (Not an exact quote but something to that effect.) Someone told the character of @Refacture to move out from directly in front of Cassie, and then asked her to put the scorpion on the ground. As she was doing so, she was shot in the back by one or more of them.
POV from Cassie's Eyes (Player):
I was killing some zombies from on top of the hospital, just having a great time and giving some RP validation as to a reason for why she might be a better shot than she would otherwise be without having practiced shooting. I hear a few gun shots off in the distance, suppressed but think nothing of it since it's a pretty large city-ish and Cassie (Character) is more likely to run closer and carefully toward the gun fire and ask if anyone is injured than she is to run away from the gun fire and hide.
After a while I decide to try and go find a weapon cleaning kit since the Sporter 22 was Badly Damaged, and it was my only gun at the time that I could use to kill zombies with impunity and not have to worry about a suppressor failing and bringing them all down on me. RP wise, it was a gun that Cassie was very familiar with now, and the SMG was still kind of scary and she wasn't very accurate with it and was still having a hard time controlling the rate of fire.
After coming down the stairs and to the ground level I spot what I think to be a zombie on the road, but it's far enough away on my screen it could be either. I ADS (Aim Down Sights) to get confirmation on if it's a player or not and it appears to be a player so I stow the gun and approach. It's @Wolfstorm ICly interacting, seems pleasant enough. OOCly or ICly, no reason to think this person is anything but genuine.
ICly, when @Wolfstorm mentions of someone with a weapon cleaning kit and the desire to help, Cassie accepts. It's the only gun that she has that she's become familiar with and reliably accurate that she feels safe shooting it and she doesn't want it to break because she wasn't sure if she'd find another any time soon. OOCly, some RP is being had, and I don't have to Scav for a Cleaning Kit. Double Score.
Again OOCly and ICly, no reason to suspect anything is suspect here. He seems to be genuine about his backstory, and his purpose etc. We make for the summer camp, ICly exchanging details about backstory, life since the apocalypse, etc. Small talk, that kind of thing.
We make it to the summer camp and I give @Wolfstorm some food after he asked around for apples, and was searching for an apple tree (I think? I know he mentioned being hungry at least.) Put a can of pasta on the ground for him after opening it.
Enters @N-Tox and I give him the Sporter 22 to "Fix", which OOCly I figured would be a simple process but knew that ICly it could take a while so I didn't think anything of it when he mentioned he would take it into the cabin to work on it. There was some Emotes about PTT buttons on radios being taped, but I assumed since @N-Tox was inside the cabin when that was done that Cassie wouldn't have seen it and therefore ignored it ICly.
After some more small talk with @Wolfstorm @N-Toxcomes back out after an emote about his radio I believe. Again, couldn't see him ICly, so ignored the Emote. This is where I am told to put my hands up and I had to ask using ooc chat how to do so, I didn't want to not comply ICly and it seemed like a necessary question at the time so I used OOC chat to ask, which both @Wolfstorm and @N-Toxwere kind enough to tell me promptly. Hands were raised and I assumed this was a simple smash and grab. It wasn't until I heard someone cackling I thought it might be something more going on than a simple smash and grab.
Enters in @Refacture at this point things were getting kind of tense and I was getting a little nervous and anxious. I have had very little hostile RP experience up until this point (Only one other, and it was days prior) so I was kind of on edge and I'll admit my voice was kind of caught in my throat and I was just trying to do what I was told to do until the adrenaline stopped pumping and I calmed down and was able to actually enjoy the RP, since it seemed like there was going to be some RP that was going to happen.
I hear someone say something about @Refacture moving out of the way, after being told to follow his character and to stay close to him or get shot and then a command to put the Scorpion on the ground. At this point, the scorpion was in my backpack, I clicked on it, and started pulling it up. As I was on my laptop at the time, the touch pad required that I had to lift my finger up to move it further along the screen to the top. During that movement my thumb must have lifted off the left click portion enough for the game to assume I was done moving it and the gun went into hands instead of on the ground. Before I could ICly say anything or OOC, or even correct the error, without any further commands or IC interaction I was shot and killed.
For the Record: I don't think that @Refacture  should have had the ban strike, points and temp ban. I defer to Staff judgement of course but from my POV as the victim, especially since this occurred before the rules were updated (Rules were updated on 12-03-18, event took place 07-03-18) that the newer rules should not be applied retroactively. @Stagsview and @Hebi Kotei stated that "No longer in DayzRP can you use the "Im crazy" excuse here to initiate on people randomly." in the verdict post by @Stagsview(Referring to the updated Rules 6.1 and 6.2) If that is the sole reason for why he was hit with the Ban and Points then I believe that he should have this Ban Appeal approved as it is unreasonable to charge someone with breaking a law before that law was written. If anything else, I do not feel wronged by @Refacture by this incident at all. I made no report against him and am unsure as to why charges were filed against him when no charges were pressed by the victim (me.)

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We apologize for the length of time it took to handle this appeal.

A separate team of staff not involved in the original verdict have looked over your appeal. Although we appreciate the further background information provided by yourself and NebulousCass, it gives us a bit more information that leads up to the situation involved in the report. We would like to clarify though that even prior to the rule changes having a valid reason to initiate was still required.

The team reviewing the information provided here and in the original report have come to the conclusion that although it seems that a fair bit of RP has occurred while leading up to the initiation, the initiation itself seems to be entirely due to your characters "craziness" and not lying to do with anything else. The RP didn't lead to the initiation, the initiation lead to the RP.

And although we had some disagreements within the staff reviewing this appeal, we do agree that the kill itself seemed a tad too hasty. Yes, the hostage took out a weapon, but if you listen to the instructions being given by your allies it is a fair assumption to make the someone might take an item into their hands in order to comply with your group's commands and put it on the ground. You guys had a tactical advantage. You moved out of direct line of sight as per your ally's suggestion, it was a 3 vs 1 situation, and the hostage had a weapon trained on her  back at point blank range. There was no need to shoot her at virtually the moment she began the animation.

Appeal denied; verdict stands.
Solved by Oliv, @Spartan, @Para

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